Workers’ Rights

Were you unlawfully terminated from your job? Did your employer fail to pay you overtime or minimum wage, or withhold your wages? Are you having trouble accessing unemployment insurance benefits? Have you experienced discrimination in the workplace or hiring process?

Legal Services NYC provides FREE legal advice, referrals, and representation to low-income workers facing a range of problems, including loss of employment, unpaid wages and overtime pay, employment discrimination, and medical and family leave issues.  We also assist people who are having trouble obtaining or keeping employment because of their criminal/arrest history or an indicated report with the Statewide Central Register of Child Abuse and Maltreatment (SCR). In addition, Our Child Care Project provides advocacy and advice to home-based child care providers on licensing matters and other legal issues affecting their employment in child care.

For free legal help, call Legal Services NYC at 917-661-4500 Monday through Friday from 9:30 a.m. to 4 p.m. Learn more about our intake process here.

* The information does not constitute legal advice. You should always consult an attorney regarding your matter. Legal help subject to capacity and location.

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How do I file for unemployment insurance benefits?

People can file for unemployment insurance either online or by telephone through the NYS Department of Labor.  Visit https://www.labor.ny.gov/ to file online and click on the step-by-step process to file a claim. To file by phone, call 1-888-209-8124. Telephone hours are Monday – Friday from 8 am to 7:30 pm.

To qualify for unemployment insurance benefits, you must have worked and earned enough wages in covered employment. In New York State, employers pay contributions that fund Unemployment Insurance. By law, the unemployment insurance program provides benefits to people who have enough employment to establish a claim; have lost employment through no fault of their own; are ready, willing, and able to work; and are actively seeking work.

Learn more here.

Can I sue my employer for firing me?

New York is an at-will employment state. This means that unless you have a contract with your employer that places limitations on termination or you are protected by a collective bargaining agreement (CBA), your employer can fire you at any time for any legal reason or no reason. However, an employer cannot terminate your employment for an unlawful retaliatory or discriminatory reason. If your termination was an illegal act of retaliation or discrimination, you may have a right to sue them or file a complaint against them with an administrative agency. 

Learn more here.

What constitutes discrimination in the workplace?

The New York City Human Rights Law prohibits discrimination in employment based on certain protected classes, including: age, immigration or citizenship status, color, disability, gender (including sexual harassment), gender identity, marital status and partnership status, national origin, pregnancy and lactation accommodations, race, religion/creed, sexual orientation, status as a veteran or active military service member, arrest or conviction record, caregiver status, credit history, sexual and reproductive health decisions, salary history, and status as a victim of domestic violence, stalking, and sexual assault. 

The law also prohibits employment discrimination in hiring, salary and benefits, promotions and demotions, discipline and firing, and any decisions that affect the terms and conditions of employment.

It also requires that employers provide a reasonable accommodation to employees with a disability, pregnancy, childbirth or related medical condition, religious observance, status as a victim of domestic violence, sexual violence, or stalking, and lactation — unless doing so would create an undue hardship for the employer. 

Learn more here.

Is my employer required to give me paid leave?

Both New York State and New York City have laws providing certain types of paid leave to covered, eligible employees. New York State has laws about Paid Family Leave and Paid Sick Leave. New York City has a Paid Safe and Sick Leave Law.  

• Paid Family Leave is leave to bond with a newly born, adopted, or fostered child; care for a family member with a serious health condition; or assist loved ones when a spouse, domestic partner, child or parent is deployed abroad on active military service. It does not provide paid leave for an employee’s own serious health condition.  

• Paid Safe and Sick Leave can be used for the care, treatment, or diagnosis of an employee’s own mental or physical illness, injury or health condition, or that of their family member for whom they are providing care or assistance. Paid Safe Leave can be used to seek legal and social services assistance if the employee or a family member is the victim of domestic violence.

• The Family Medical Leave Act (FMLA) is a federal law that provides eligible employees of covered employers with unpaid job-protected leave for an employee’s own serious health condition; the birth, adoption, or foster placement of a child; the care for a child, spouse, or parent who has a serious health condition; and certain reasons relating to a family member’s service in the military. 

Learn more here.